Apr. 25, 2013

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A Fort Collins man’s bid to regain his permit to carry a concealed handgun was rejected Thursday by a district judge.

Larimer County Sheriff Justin Smith acted reasonably when he stripped Donavan Mayse of his permit after Mayse was convicted of misdemeanor child abuse, District Judge Julie Kunce Field ruled.

Mayse, 39, pleaded guilty in January 2012 to negligent child abuse without causing injury. Mayse was frustrated that his infant son was fussy and would not eat, so he smacked the 8-month-old’s face, leaving a bruise, according to police reports.

In February 2012, the sheriff’s office revoked Mayse’s permit to carry a concealed handgun. Based on his conviction, the sheriff’s office determined that Mayse poses a threat to himself or others, one of the legal provisions for denial or revocation of a permit to carry a concealed weapon in Colorado.

Mayse challenged the decision in district court and claimed the sheriff denied him due process because police reports about the child-abuse case guided the decision to revoke his permit. But the judge disagreed, noting that the sheriff’s office invited Mayse to present any relevant information surrounding the child abuse investigation.

“Mr. Mayse was afforded a reasonable opportunity in which to present evidence and argument in support of his position,” but did not, Kunce Field wrote in her order.

The judge also ruled that the sheriff’s determination had merit.

“Given the seriousness of the circumstances and Mr. Mayse’s apparent disregard for his very young, fragile son, the sheriff has proven by clear and convincing evidence that Mr. Mayse would pose a danger to himself or others if he were to retain his permit,” Kunce Field’s order stated, “and the sheriff has also proven by clear and convincing evidence that his decision was reasonable.”